N.H. Supreme Court rules retirees' pensions, names are public

CONCORD — The N.H. Supreme Court has ruled that public pension payouts and the names of corresponding retirees are a matter of public record.

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By Elizabeth Dinan

seacoastonline.com

By Elizabeth Dinan

Posted Nov. 4, 2011 at 2:00 AM

By Elizabeth Dinan

Posted Nov. 4, 2011 at 2:00 AM

» Social News

CONCORD — The N.H. Supreme Court has ruled that public pension payouts and the names of corresponding retirees are a matter of public record.

In a decision published Thursday, the state's highest court responded to a case brought by the New Hampshire Union Leader against the N.H. Retirement System.

In June 2010, the Herald filed a request with the NHRS for the names of all Portsmouth retirees, their former job titles, base salaries and the amounts of their pensions. That request was denied and the NHRS subsequently released a list of the amounts of all state pensions, without the names of the recipients.

Representing the NHRS, attorney Edward Kaplan said during oral arguments before the Supreme Court that "there might be some prurient interest in knowing that information, but we have to weigh the privacy interests."

The NHRS appealed to the state's highest court a Sept. 2, 2010, decision by Hillsborough Superior Court Judge David Garfunkle, who ruled, "Any payments made to state employees that have retired are subject to mandatory disclosure."

The Union Leader requested the names and pension amounts for the top 500 pensioners in the state.

Representing the Union Leader before the Supreme Court, attorney Kathleen Sullivan argued that, without the pensioners' names, there is no public oversight. Further, she said, if the NHRS releases amounts of pensions without names, the public is burdened.

"The New Hampshire Retirement System doesn't get to say 'we're going to disclose this much, and if you think you need more, we're going to give you more,'" Sullivan said. "It's not private, confidential information."

Kaplan argued that the privacy interests of retirees trump any information that might be gained by attaching names to pension amounts.

"I grant you that knowing the names would be of great interest, but from our point of view, and the annuitants' point of view, it's a balance of whether it's worth giving away that right to privacy," he said.

None of the top 500 pension earners raised privacy concerns with respect to the case, it was noted by the Supreme Court.

Sullivan argued that, even if employees contributed their own personal money to their pensions, "these are still funds administered and calculated by the government," she said.

Senior Associate Justice James E. Duggan asked whether a pension recipient's name "would be helpful" in an instance when the recipient was in arrears of child support payments.

Similarly, the Herald has not requested addresses for Portsmouth retirees.

Sullivan concluded her argument, stating "there is no shred of credible evidence that privacy outweighs the public's right to know."

The Herald's request for Portsmouth pension information was mailed to Kim France, director of administration for the state retirement board, and was answered by both her and former NHRS Executive Director Dick Ingram.

In a letter dated June 11, 2010, Ingram denied the request, stating the information "is not readily available" and that the state's legal counsel had advised that any information directly identifying retirees by name and publishing their pensions "is a protected privacy interest" exempt from the state's Right to Know law.

The NHRS has about 51,000 active members and 24,500 pension recipients. Retirement system members are state, county and municipal employees, including teachers, police officers and firefighters.

Their benefits are funded by contributions from public employees and taxpayers, as well as net investment returns. Investment returns have historically provided "the bulk of funding for pension benefits," according to the NHRS.

The NHRS's Web site states the agency paid out $490 million in pension benefits to 25,845 retirees or their beneficiaries in fiscal year 2010, making the retirement system "one of the largest payrolls in the state."